Total Maximum Daily Load - Public Notice

Section 303(d) of the Clean Water Act (CWA), 33 U.S.C § 1313(d)(1)(C), and the U.S. Environmental Protection Agency’s (EPA’s) implementing regulation, 40 CFR § 130.7(c)(1), require the establishment of Total Maximum Daily Loads (TMDLs) for waters identified by states as not meeting water quality standards under authority of § 303(d)(1)(A) of the CWA. Each of these TMDLs is to be established at a level necessary to implement applicable water quality standards with seasonal variations and a margin of safety, accounting for lack of knowledge concerning the relationship between pollutant loading and water quality.

Although most TMDLs are adopted by states, territories, or authorized tribes and then approved by EPA, EPA also establishes TMDLs in some cases if:

• EPA disapproves TMDLs submitted by states, territories, or authorized tribes
• States, territories, or authorized tribes do not submit TMDLs in a timely manner
• EPA is required to do so pursuant to litigation settlements or judicial orders
• States ask EPA to establish TMDLs for a particular waterbody

Active Public Notices

Mississippi River (IA 01-NEM_0010_2 and IA 03_SKM-0010_1) for Total Arsenic

Public Notice (PDF) (1 pg., 312K, About PDF) - Comment Period closed June 25, 2010.
EPA determined that it is not required by the Consent Decree to establish TMDLs for the arsenic impairment on these two segments of the Mississippi River. No action to finalize the TMDLs is being taken at this time. Please read the following for more information:
Summary of Comments and Responses (PDF) (2 pp., 596K, About PDF)